Page:United States Statutes at Large Volume 111 Part 1.djvu/428

 Ill STAT. 404 PUBLIC LAW 105-33 —AUG. 5, 1997 for a fiscal year as being equal to the market basket percentage for that year.". SEC. 4412. REDUCTIONS TO CAPITAL PAYMENTS FOR CERTAIN PPS- EXEMPT HOSPITALS AND UNITS. Section 1886(g) (42 U.S.C. 1395ww(g)) is amended by adding at the end the following new paragraph: "(4) In determining the amount of the payments that are attributable to portions of cost reporting periods occurring during fiscal years 1998 through 2002 and that may be made under this title with respect to capital-related costs of inpatient hospital services of a hospital which is described in clause (i), (ii), or (iv) of subsection (d)(1)(B) or a unit described in the matter after clause (v) of such subsection, the Secretary shall reduce the amounts of such pay- ments otherwise determined under this title by 15 percent.". SEC. 4413. REBASING. (a) OPTION OF REBASING FOR HOSPITALS IN OPERATION BEFORE 1990. —Section 1886(b)(3)(42 U.S.C. 1395ww(b)(3)) is amended— (1) in subparagraph (A) by striking "subparagraphs (C), (D), and (E)" and inserting "subparagraph (C) and succeeding subparagraphs", and (2) by adding at the end the following new subparagraph: "(F)(i) In the case of a hospital (or unit described in the matter following clause (v) of subsection (d)(1)(B)) that received payment under this subsection for inpatient hospital services furnished during cost reporting periods beginning before October 1, 1990, that is within a class of hospital described in clause (iii), and that elects (in a form and manner determined by the Secretary) this subparagraph to apply to the hospital, the target amount for the hospital's 12-month cost reporting period beginning during fiscal year 1998 is equal to the average described in clause (ii). "(ii) The average described in this clause for a hospital or unit shall be determined by the Secretary as follows: "(I) The Secretary shall determine the allowable operating costs for inpatient hospital services for the hospital or unit for each of the 5 cost reporting periods for which the Secretary has the most recent settled cost reports as of the date of the enactment of this subparagraph. "(II) The Secretary shall increase the amount determined under subclause (I) for each cost reporting period by the \ applicable percentage increase under subparagraph (B)(ii) for each subsequent cost reporting period up to the cost reporting period described in clause (i). "(Ill) The Secretary shall identify among such 5 cost reporting periods the cost reporting periods for which the amount determined under subclause (II) is the highest, and the lowest. "(IV) The Secretary shall compute the averages of the amounts determined under subclause (II) for the 3 cost reporting periods not identified under subclause (III), "(iii) For purposes of this subparagraph, each of the following shall be treated as a separate class of hospital: "(I) Hospitals described in clause (i) of subsection (d)(1)(B) and psychiatric units described in the matter following clause (v) of such subsection. "(II) Hospitals described in clause (ii) of such subsection and rehabilitation units described in the matter following clause (v) of such subsection.

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